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Whitby Pedestrian Accident Lawyer
Whitby is a hub of activity. With a GO station, a busy public transportation system, and a thriving downtown core, pedestrians make up a large part of the city’s landscape. With the growing number of vehicles on the road, unfortunately, accidents between drivers and pedestrians sometimes happen.
Injuries to pedestrians can be severe when they are hit by a car, and it is possible that a lawsuit can be filed by the victim so they can receive compensation.
If you have been hit by a car and would like help in filing a personal injury claim, it is important that you call a Whitby pedestrian accident lawyer as soon as possible. A skilled injury lawyer can help you build a strong case to obtain necessary compensation.
Whitby Pedestrian Accidents Lawyer Near Me 1-877-573-3563
Common Injuries to Pedestrians after an Accident
Pedestrian accidents vary greatly from other car accidents because there are usually many more injuries, and they are generally more severe. Not only are pedestrians completely unprotected from the impact of a car hitting them, but they are also most likely to be struck by the front of the car, or the hood.
This area of the car will hit right around the vulnerable midsection of most pedestrians, the region closest to the limbs and spine. This can result in broken bones, typically in the hips and legs, and can cause damage to the spine. Any damage to the spine, its vertebrae, or the neck can cause paralysis or loss of mobility.
After being struck initially, pedestrians typically fall and this can cause secondary injuries. Most often these injuries involve some form of head trauma as the head will often strike the car or the pavement as a result from falling. Cuts and bruises are to be expected in any accident, and this is also true in pedestrian accidents. Because the pedestrian will often come into direct contact with the pavement, these cuts can sometimes cause road rash and become infected.
Medical treatment should always be administered after any accident, as pedestrians do not often walk away unscathed. After receiving treatment, a pedestrian accident lawyer in Whitby should be contacted so they can help victims file a claim for compensation.
Due to the fact that pedestrians are so vulnerable to cars when they are out on the road, and their injuries can be so severe, there is a reverse onus on the driver in these types of cases.
This means that the pedestrian does not have to prove negligence, but that the driver must prove they acted in a reasonable manner.
This does not mean that pedestrians will automatically win their case, or that they will not be found negligent at all. The driver and their lawyer will likely try to prove that the pedestrian acted unreasonably or irresponsibly in order to avoid paying compensation.
While the reverse onus provision in the Highway Traffic Act makes these cases easier to take to court and obtain compensation, injured parties should still speak to a Whitby pedestrian accident lawyer to represent them.
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The injuries from an accident can leave victims unable to work and with a stack of medical bills to pay. Although many medical treatments will be covered by OHIP, some, such as physiotherapy, are not.
Accident victims can file a lawsuit against the driver or the other at-fault party to seek compensation for these expenses, and there is no limit on this type of compensation. Provided that a motor vehicle is involved, all injured victims are entitled to some level of accident benefits.
However, in Canada, there are limits on the amount of punitive damages that may be awarded and is generally only available in rare circumstances. This type of compensation is available to the plaintiff (the person filing the lawsuit) and is meant to punish the at-fault party.
In terms of Pain and Suffering compensation, the Supreme Court of Canada placed a cap of $100,000 on these damages in 1978. Today, inflation is taken into consideration and caps up to $350,000 are available.
How a Whitby Pedestrian Accident Lawyer Can Help
Claiming compensation, even in a pedestrian accident, can be difficult and victims may miss important steps as they are also trying to recover. If you have been injured in a pedestrian accident, speak to a Whitby pedestrian accident lawyer that has experience with these cases, and that can help with yours.